Table of Contents
- Introduction
- Legal Background
- Case Facts
- Key Legal Issues
- Husband and Wife’s Arguments
- Court’s Findings
- Burden of Proof
- Case References
- Final Decision
- About Advocate Muhammad Amin
1. Introduction
This case was decided by the Lahore High Court on 21 March 2024.
It was about a husband’s legal duty to give monthly maintenance to his wife and children.
The main question was whether the Family Court and Appellate Court made the correct decision.
2. Legal Background
Islamic law and Pakistani family law both make it the husband’s duty to maintain his wife and children.
Section 5 of the Family Courts Act allows a wife to claim maintenance.
The term “maintenance” includes food, shelter, clothing, health care, and other basic needs.
A father is also responsible for supporting his children financially.
3. Case Facts
Mst. Sara Naqvi filed a case in the Family Court.
She demanded maintenance for herself and her children, recovery of dowry articles, and delivery expenses.
The Family Court accepted her case and passed an order in her favor.
The husband filed an appeal, which the Appellate Court dismissed.
He then filed a writ petition before the High Court.
4. Key Legal Issues
The court had to decide if the Family Court followed the law properly.
It also looked at whether the maintenance amount fixed was fair.
The court reviewed if the husband had proved his real income.
It also examined the burden of proof and whether it was met.
5. Husband and Wife’s Arguments
The husband said the maintenance amount was too high.
He showed a salary slip as proof of his income.
He claimed he could not afford the amount fixed by the Family Court.
The wife disagreed and said he earned more than what he claimed.
She said he worked in the UAE and earned enough to support them.
6. Court’s Findings
Justice Jawad Hassan heard the case.
The court said that both lower courts gave correct decisions.
It found that the Family Court had properly considered the evidence.
The High Court noted that the husband could not prove his income clearly.
It said there was no error in the orders that required interference.
7. Burden of Proof
The husband submitted a salary slip in court, but he failed to prove its authenticity.
He did not bring any tax returns, bank statements, or job contract.
The court held that the burden was on the husband to prove his income.
Since he failed to do so, the wife’s version was accepted.
The court found the maintenance amount reasonable based on the facts.
8. Case References
The court referred to various legal cases.
In PLD 2013 SC 557, the Supreme Court held that a father must maintain his children.
In PLD 2018 SC 819, it confirmed that maintenance is a legal right.
The Lahore High Court also gave similar decisions in past cases.
These judgments supported the decision made in this case.
9. Final Decision
The High Court dismissed the husband’s writ petition.
It confirmed the Family Court and Appellate Court orders.
The court said the man did not suffer any hardship because of the decision.
It ruled that the orders were fair, legal, and based on facts.
10. About Advocate Muhammad Amin
Advocate Muhammad Amin is a licensed lawyer in Pakistan.
He practices in Peshawar and deals with family, civil, corporate, and tax matters.
He provides services for legal documents, court representation, and online legal advice.
His office is located at Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar.
You can contact him at 0313-9708019 for consultation or legal help.